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Decisions Per Curiam, Etc.

298 U.S.

No., original. EX PARTE HAGMAN. May 18, 1936. The motion for leave to file petition for writ of habeas corpus is denied. Mr. Axel Hagman, pro se.

No., original. EX PARTE TEGTMEYER.

May 18,

1936. The application for leave to file petition for writ of habeas corpus is denied. Mr. William Chones for petitioner.

No., original. EX PARTE RUBIN. May 18, 1936. The application for leave to file petition for writ of habeas corpus is denied. Mr. Lloyd Rubin, pro se.

Nos. —, original (2 cases). EX PARTE FOX. May 18, 1936. The motion for leave to file petition for writs of certiorari is denied. Mr. Benjamin Reass for petitioner.

No. 2, original. VERMONT v. NEW HAMPSHIRE. May 18, 1936. The application for the appointment of a Special Commissioner to locate and mark additional points on the boundary is granted and Samuel S. Gannett, Esq., is appointed Special Commissioner for that purpose.

No. 13, original. NEBRASKA v. WYOMING. May 18, 1936. The answer and cross bill of the State of Colorado is ordered to be filed and leave is granted to the States of Nebraska and Wyoming to answer within 60 days.

No. 270. PRUDENCE COMPANY, INC. v. FIDELITY & DEPOSIT CO. ET AL. May 18, 1936. It is ordered that the mandate of this Court in the above-entitled cause on file in the District Court of the United States for the

298 U.S.

Decisions Per Curiam, Etc.

Southern District of New York be, and the same is hereby, recalled; and that said mandate be amended so as to give petitioner recovery for additional costs in the sum of $908.40, being the expenses incurred in furnishing records for the use of this Court.

No. 990. WARNER BROS. PICTURES, INC. ET AL. v. UNITED STATES. Appeal from the District Court of the United States for the Eastern District of Missouri. Motion distributed May 16, 1936. Decided May 25, 1936. Per Curiam: The motion of the appellee to affirm is granted and the decree is affirmed. Pullman's Car Co. v. Transportation Co., 171 U. S. 138, 145–146; McGowan v. Columbia River Packers' Assn., 245 U. S. 352, 358; Ex parte Skinner & Eddy Corp., 265 U. S. 86, 93–94; Jones v. Securities & Exchange Comm'n, ante, p. 1. Messrs. Frederick H. Wood, James A. Reed, Sam B. Jeffries, R. W. Perkins, Louis Phillips, S. W. Fordyce, Wm. R. Gentry, Wm. J. Donovan, and Jacob M. Lashly for appellants. Solicitor General Reed for the United States. Reported below: 13 F. Supp. 614.

No. 991. PIPER ET AL. v. BINGAMAN, COMMISSIONER OF REVENUE OF NEW MEXICO. Appeal from the District Court of the United States for the District of New Mexico. Jurisdictional statement distributed May 16, 1936. Decided May 25, 1936. Per Curiam: The decree is affirmed on the authority of Morf v. Bingaman, ante, p. 407. Mr. A. S. Baskett for appellants. No appearance for appellee. Reported below: 12 F. Supp. 755.

No., original. EX PARTE GIFFORD. May 25, 1936. The motion for leave to file petition for writ of mandamus is denied. Mr. Charles H. Gifford, pro se.

Decisions Per Curiam, Etc.

298 U.S.

No. 15, original. TEXAS v. NEW MEXICO ET AL. May 25, 1936. The motion for the appointment of a Special Master is granted, and it is ordered that Charles Warren, Esquire, of Washington, D. C., be, and he is hereby, appointed Special Master in this cause, with authority to summon witnesses, issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Master is directed to make findings of fact and conclusions of law, and to submit the same to this Court with all convenient speed, together with his recommendations for a decree. The findings, conclusions, and recommendations of the Master shall be subject to consideration, revision, or approval by the Court. [The order makes provision also for the compensation and expenses of the Master; and for a new appointment by the Chief Justice if this one be not accepted or become vacant during the recess of the Court.]

No. -.

ISBRANDTSEN-MOLLER CO., INC. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Southern District of New York. May 25, 1936. Motion to stay running of penalties submitted by Mr. James W. Ryan for appellant, and the motion granted. The order to be settled on notice.

No. 1032. PARKER, ADMINISTRATOR, ET AL. V. JAMES GRANGER, INC., ET AL. Appeal from the Supreme Court of California. Jurisdictional statement distributed May 23, 1936. Decided June 1, 1936. Per Curiam: The appeal herein is dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for

298 U.S.

Decisions Per Curiam, Etc.

a writ of certiorari, § 237 (c), Judicial Code, as amended (43 Stat. 936, 938), certiorari is denied. Messrs. Frank F. Nesbit and Lasher B. Gallagher for appellants. Mr. Oscar Lawler for appellees. Reported below: 4 Cal. (2d) 668; 52 P. (2d) 226.

No. 967. DIXIE TERMINAL Co. v. UNITED STATES. On certificate from the Court of Claims. Motion submitted May 25, 1936. Decided June 1, 1936. Per Curiam: The motion to dismiss the certificate is granted and the certificate is dismissed. Jewell v. Knight, 123 U. S. 426, 433; Cross v. Evans, 167 U. S. 60, 63; B. & O. R. Co. v. Interstate Commerce Comm'n, 215 U. S. 216, 221; United States v. Mayer, 235 U. S. 55, 66; Larabee Flour Mills Co. v. First National Bank of Dublin, 290 U. S. 594; Mantle Lamp Co. v. Aluminum Products Co., 297 U. S. 638; Smith, Collector v. Ajax Pipe Line Co., ante, p. 641. Solicitor General Reed for the United States in support of the motion. Messrs. Charles P. Taft and Robert A. Taft for Dixie Terminal Co.

No. 1049. MOZINGO v. MARION STEAM SHOVEL Co. Appeal from the Supreme Court of Ohio. Jurisdictional statement distributed May 29, 1936. Decided June 1, 1936. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. New York Central R. Co. v. White, 243 U. S. 188, 197, 198, 200-202; Mountain Timber Co. v. Washington, 243 U. S. 219, 236; Middleton v. Texas Power & Light Co., 249 U. S. 152, 163; Rolette v. Rothstein Dental Laboratories, Inc., 289 U. S. 736. Messrs. Paul D. Smith and Thomas H. Sutherland for appellant. No appearance for appellee. Reported below: 130 Ohio St. 591; 200 N. E. 756.

Decisions Per Curiam, Etc.

298 U.S.

No. 15, original. TEXAS v. NEW MEXICO ET AL. May 25, 1936. The motion for the appointment of a Special Master is granted, and it is ordered that Charles Warren, Esquire, of Washington, D. C., be, and he is hereby, appointed Special Master in this cause, with authority to summon witnesses, issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Master is directed to make findings of fact and conclusions of law, and to submit the same to this Court with all convenient speed, together with his recommendations for a decree. The findings, conclusions, and recommendations of the Master shall be subject to consideration, revision, or approval by the Court. [The order makes provision also for the compensation and expenses of the Master; and for a new appointment by the Chief Justice if this one be not accepted or become vacant during the recess of the Court.]

No.

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ISBRANDTSEN-MOLLER CO., INC. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Southern District of New York. May 25, 1936. Motion to stay running of penalties submitted by Mr. James W. Ryan for appellant, and the motion granted. The order to be settled on notice.

No. 1032. PARKER, ADMINISTRATOR, ET AL. v. JAMES GRANGER, INC., ET AL. Appeal from the Supreme Court of California. Jurisdictional statement distributed May 23, 1936. Decided June 1, 1936. Per Curiam: The appeal herein is dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for

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